+ ESR Review

ESR Review: Regulating private power in health

by Jonathan Berger and Adila Hassim

On 28 July 2010, Ebersohn AJ of the North Gauteng High Court reviewed and set aside regulations purportedly made in terms of section 90(1)(u) and (v) of the National Health Act 61 of 2003 (NHA). As a result of this judgment, the Regulations Relating to the Obtainment of Information and the Process of Determination and Publication of the Reference Price List (the Regulations) and all related acts – including the determination and publication of the annual national health reference price list (NHRPL) – are now invalid.